2018 California Rules of Court

If the child denies the allegations of the petition, the court must hold a contested hearing to determine whether the allegations in the petition are true.

(Subd (a) amended effective January 1, 2007.)

(b) Admissibility of evidence-general (§ 701)

In a section 601 matter, the admission and exclusion of evidence must be in accordance with the Evidence Code as it applies in civil cases. In a section 602 matter, the admission and exclusion of evidence must be in accordance with the Evidence Code as it applies in criminal cases.

(Subd (b) amended effective January 1, 2007.)

(c) Probation reports

Except as otherwise provided by law, the court must not read or consider any portion of a probation report relating to the contested petition before or during a contested jurisdiction hearing.

(Subd (c) amended effective January 1, 2007.)

(d) Unrepresented children (§ 701)

If the child is not represented by counsel, objections that could have been made to the evidence must be deemed made.

(Subd (d) amended effective January 1, 2007.)

(e) Findings of court-allegations true (§ 702)

If the court determines by a preponderance of the evidence in a section 601 matter, or by proof beyond a reasonable doubt in a section 602 matter, that the allegations of the petition are true, the court must make findings on each of the following, noted in the order:

(1)Notice has been given as required by law;

(2)The birthdate and county of residence of the child;

(3)The allegations of the petition are true;

(4)The child is described by section 601 or 602; and

(5)In a section 602 matter, the degree of the offense and whether it would be a misdemeanor or a felony had the offense been committed by an adult. If any offense may be found to be either a felony or a misdemeanor, the court must consider which description applies and expressly declare on the record that it has made such consideration, and must state its determination as to whether the offense is a misdemeanor or a felony. These determinations may be deferred until the disposition hearing.

After making the findings in (e), the court must then proceed to disposition hearing under rules 5.782 and 5.785.

(Subd (f) amended effective January 1, 2007.)

(g) Findings of court-allegations not proved (§ 702)

If the court determines that the allegations of the petition have not been proved by a preponderance of the evidence in a 601 matter, or beyond a reasonable doubt in a 602 matter, the court must make findings on each of the following, noted in the order:

(1)Notice has been given as required by law;

(2)The birthdate and county of residence of the child; and

(3)The allegations of the petition have not been proved.

The court must dismiss the petition and terminate detention orders related to this petition.